Abstract
The distinction found in certain cases between “self-executing” and “non-self-executing” treaties is a judicially invented notion that is patently inconsistent with express language in the Constitution affirming that “all Treaties … shall be the supreme Law of the Land.” Indeed, such a distinction may involve the most glaring of attempts to deviate from the specific text of the Constitution. For some 40 years after the formation of the Constitution, President George Washington’s recognition in 1796 that “every Treaty [properly ratified]… thenceforward becomes the law of the land” was widely shared. Yet today not all treaties are thought to be capable of operating as supreme federal law of their own effect.
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